Jul

02

2015

People who have been harmed due to someone else’s careless conduct often know they have a right to be compensated for their injuries. But, the source of that compensation can be unclear to those who have not had such a claim before.

For instance, take a motor vehicle collision between two vehicles without passengers.Both drivers have automobile insurance, and one driver is at fault and the other driver is injured. In this example, the injured driver has a legal right to recover compensation from the at fault driver. The injured driver’s “claim” can include medical bills, lost wages, pain, suffering, inconvenience, and mental anguish. …

Sep

22

2009

The basis of all tort (1) law is negligence. In almost every tort case that goes to trial in Virginia, the decision is based on whether the person being sued (the defendant) is guilty of negligence. Usually the judge reads to the jury an instruction that defines negligence as follows: "Negligence is the failure to use ordinary care. Ordinary care is the care a reasonable person would have used under the circumstances."(2) In Virginia, if it's a jury trial, the seven members of the jury must unanimously agree that the defendant was negligent in order for the injured person (the plaintiff) to receive a verdict in their favor.